Key Facts
• December 16, 2025: Legal reform discussions held at the Ministry of Justice.
• Proposal to mandate evidence disclosure in retrial requests gains consensus.
• Retrial requests require new evidence proving clear grounds for acquittal.
• A proposal (A) allows courts to order prosecutors to disclose relevant evidence.
• Current system permits discretionary evidence disclosure by judges.
• Japan Federation of Bar Associations (JFBA) advocates for broader evidence disclosure.
• Alternative proposal (B) for specific evidence types excluded from discussions.
• Debate over prosecutors’ right to appeal retrial decisions remains unresolved.
• Retrial reform discussions intensified after Hakamada Iwao’s 2024 acquittal.
• Hakamada’s case highlighted prolonged trials due to prosecutors’ appeals.
Summary
Japan’s Ministry of Justice is advancing legal reforms to mandate evidence disclosure in retrial requests. On December 16, 2025, a legal advisory panel reached consensus on a proposal requiring courts to order prosecutors to disclose evidence relevant to retrial cases. This reform aims to address gaps in the current system, where evidence disclosure is at judges’ discretion. The Japan Federation of Bar Associations supports broader disclosure, while prosecutors argue for maintaining appeal rights against retrial decisions. The debate follows the 2024 acquittal of Hakamada Iwao, whose prolonged trial underscored systemic issues. The Ministry plans to submit the revised law to the 2026 regular Diet session.
